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  1. #1
    Join Date
    Feb 2017
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    Question Reinjury of Same Shoulder

    My workers compensation claim was made in the State of: New York

    I am a little older than 50yrs with 23 years of service.Had an injury to my left shoulder in 2013 in a correction facility (partial rotatory cuff tear and floating body between joints). Did therapy and opt not to do surgery. after a year and a half had a schedule loss of use and settled for 21% LOU. Went back to work full duty. A little over two year later was involve in a restraint of an inmate and fell injurying left shoulder and elbow. I file a accident report and was given a new case #. Did over a year therapy with similar injury to left shoulder. Opt not to do surgery again(base mostly on the fact that a few of my co-workers had shoulder surgery and had bad experiences with the after effects of surgery). My doctor different from my 1st doctor gave me a loss of use of 45%. I went to the IME and they gave me a loss of use of 30%( with recommendation to the WCB that the original 21% be included in the loss of use he did). My question is Can they use the first case award to lessen the amount of the second case potential award? In your opinon what are my recourse? Thanks for the input

  2. #2
    Join Date
    Oct 1971
    Posts
    4,742

    Default Re: Reinjury of Same Shoulder

    had a schedule loss of use and settled for 21% LOU
    My question is Can they use the first case award to lessen the amount of the second case potential award?
    Sure, they're allowed a apportionment of loss. in other words, they get credit for any money already paid for this injury.
    You can deduct the 21% from the final rating - that should be what you're entitled to.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2017
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    2

    Default Re: Reinjury of Same Shoulder

    I have heard that if I didn't use/reopen the old case, then this new case is different and i should recieve the full compensation(final rating) without the deduction from the older case.
    What say you?

  4. #4
    Join Date
    Oct 1971
    Posts
    4,742

    Default Re: Reinjury of Same Shoulder

    Quote Quoting Sgrhomeo View Post
    I have heard that if I didn't use/reopen the old case, then this new case is different and i should recieve the full compensation(final rating) without the deduction from the older case.
    What say you?
    Where did you "hear" that?
    It doesn't matter if you open the old case or not - you can't collect full benefits twice for the same injury, that's double dipping.
    If they allowed that, people would "re-injure" the same body part they've settled for every few years for life and collect millions, it would never end.

    You're entitled to an apportionment of the additional rating, not a dime more.
    How many times do you think you should be able to collect for this same injury and why?
    I don't get it.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

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